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The percentage of employers offering wellness programs is increasing, and the trend could accelerate after provisions of the Affordable Care Act take effect, John Tozzi writes. However, some experts question whether wellness programs are effective, and the Equal Employment Opportunity Commission is investigating whether they are discriminatory.

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A letter from 18 Republican lawmakers asks the Equal Employment Opportunity Commission to clarify the proposed rule on employee wellness programs, saying it may create confusion for employers. The HR Policy Association also has asked the EEOC to clarify incentive language in the rule and to remove requirements the group feels will discourage innovation and increase the risk of litigation.

Wellness programs must be designed to comply with equal employment opportunity laws, employee advocates said during an Equal Employment Opportunity Commission hearing in Washington, D.C. The groups asked the EEOC to offer guidance to employers and noted asking employees for personal medical information or giving incentives to healthy workers could violate a number of federal laws.

Equal Employment Opportunity Commission field offices have been targeting company hiring practices, so it's a good idea to review background screening procedures to make sure they aren't discriminatory. Experts recommend two specific tests of policies: Looking at how they hold up under EEOC guidelines for criminal convictions and a recent Southeastern Pennsylvania Transportation Authority case.

Businesses can adopt English-only policies if it is a "business necessity," according to Equal Employment Opportunity Commission guidelines. But a bill in the House of Representatives would give employers more rights to enforce English only. Is such a move really needed? Some business owners say yes, while others see it as being problematic and potentially discriminatory.